DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 1797-07
15 February 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Enel: (l> Db Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that the applicable naval record be corrected to show
that she was discharged by reason of physical disability, vice
misconduct. She contends, in effect, that she was discharged
for medical reasons.
2. The Board, consisting of Mses gaan, and dqgiipee and mr.
Mappers reviewed Petitioner's allegations of error and
injustice on 25 January 2008, and pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
it
ae
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies which were available under existing law
and regulations within the Department of the Navy.
b. Enclosure (1) was filed ina timely manner.
c. Petitioner enlisted in the Navy on 23 May 2005. On 24
January 2006, she was given a diagnosis of a personality
disorder, not otherwise specified, with borderline and immature
features. She underwent a pre-separation physical assessment on
27 February 2006, and was considered physically qualified for
separation. She was discharged under honorable conditions on 3
March 2006, by reason of misconduct/commission of a serious
offense, for underage possession and consumption of alcoholic
beverages.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner has failed to demonstrate that
she was unfit for service by reason of physical disability at
the time of her separation by reason of misconduct.
Accordingly, there is no basis for correcting her record to show
that she was separated of retired by reason of misconduct. The
Board concludes further, however, that it was unjust to separate
Petitioner by reason of misconduct/commission of a serious
offense based on one instance of underage drinking.
In view of the foregoing, the Board finds the existence of an
injustice warrant the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 3 March 2006, she was discharged by reason of Secretarial
plenary authority, vice misconduct, with a reentry code of RE-4.
b. That no further relief be granted.
c. That a copy of this Report of Proceedings be made a part
of Petitioner's naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN ES
Recorder Acting/Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
“Rpg OD. Cre
Fen--W. DEAN PREILFFER
Executive Director
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